Agenda packet — Lake Elsinore City Council, July 9, 2024 (part 1 of 2)

City of Lake Elsinore
City Council Meeting
Agenda – Final

Steve Manos, Mayor
Brian Tisdale, Mayor Pro Tem
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:

July 09, 2024

Closed Session: NONE
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

The City of Lake Elsinore appreciates your attendance. Citizens’ comments, input and interests provide the City Council with valuable information regarding issues of the community.

Meeting Information
Meetings are held on the 2 nd and 4th Tuesday of every month, and the agenda is posted 72 hours prior to each meeting outside of City Hall. The agenda and related reports are also available on the City’s website at www.Lake-Elsinore.org. Meetings are conducted in person, televised live on Spectrum Cable Station Channel 29 and Frontier Cable Channel 31, and streamed online at http://www.lake-elsinore.org/city-government/city-council/webcast-videos. If you are attending the meeting in person, please park in the parking lot across the street from the Cultural Center to assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation.

Public Comments – Addressing the City Council
Any person wishing to address the City Council on items not included on the Agenda may do so during Public Comments for 1 minute at the beginning of the meeting or during Public Comments for 3 minutes at the end of the meeting. We respectfully ask those interested in addressing the City Council to either submit a request to speak online at
http://www.lake-elsinore.org/city-
government/agendas-and-minutes or complete and present a “Request to Speak” form to the City Clerk at the meeting. This Form is available on the table located inside the Council Chamber.

Members of the public may also provide comments on Agenda items by noting the item on the “Request to Speak” form and will be called to address the City Council when the item is considered by the City Council during the meeting.

Written Communications
If you would like to submit written public comments, you may do so prior to the meeting either by entering them online at the link above or emailing them to the City Clerk at calvarez@lake-
elsinore.org. Any written communications or additional documents distributed to the City Council within 72 hours of the meeting will also be made available to the public in accordance with Government Code Section 54957.5.

Accessibility Accommodations
In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 6743124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility

City Council Agenda - Fina July 09, 2024

City of Lake Elsinore Page 2

Dream Extreme 2040 is the City’s FIRST long -term strategic plan to assist the City in its pursuit of achieving its vision. The plan is a living document that will be updated regularly and serve as the framework to guide all decision- making over the next 20 years by identifying key Anchors, Aspirations, and Strategies.

Our Vision is the City of Lake Elsinore will be the ultimate destination where all can live, work, play, build futures, and fulfill dreams.

The Anchors are the City of Lake Elsinore’s unique community assets and opportunities: The Lake, Downtown, and Action and Adventure.

• The Lake: Lake Elsinore is a vital community asset. Protecting, enhancing, and celebrating the Lake is critical to Lake Elsinore’s City and community health.

• Downtown: Enhancing and creating the highest quality downtown experience will serve to create a strong sense of place that will shape the City’s identity as a place where residents and visitors can live, work, and play.

• Action and Adventure: Lake Elsinore’s programs, facilities, and natural environment will define the City as a destination for action and adventure for both visitors and residents.

Our Aspirations are broad, long- term goals that encapsulate what we hope to achieve in Lake Elsinore’s future. The City has identified 4 key aspirations to work towards.

Items on the agenda that align with Aspirations from the Dream Extreme 2040 Plan are noted by the Aspiration’s icon to highlight City Council actions that help the City pursue its goals.

To read the plan and learn more about its implementation in the City, visit www.Lake-Elsinore.org/DreamExtreme2040.

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City of Lake Elsinore Page 3

CLOSED SESSION - NONE

CALL TO ORDER - 7:00 P.M.

The Regular Meetings of the City Council and the Successor Agency will be called to order.

PLEDGE OF ALLEGIANCE

ROLL CALL

PRESENTATIONS/CEREMONIALS

1) Riverside County Sheriff's Office 2024 Second Quarter Statistical Update

2) Recognition of Battalion Chief Scott Wetherholt

3) Recognition of Battalion Chief Jeff Roberts

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

CITY COUNCIL CONSENT CALENDAR

4) Minutes of the Special City Council Meeting of June 18, 2024 and Regular City Council Meeting of June 25, 2024

Approve the Minutes.

5) CC Warrant Report Dated June 17, 2024, to June 23, 2024

Receive and file.

6) Amendment No. 2 to On -call Services Agreement with Ak Security Alarm, LLC. for Minor Construction and Repair Services.

Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for On- Call Services with AK Security Alarm, LLC. for minor construction and repair services in an amount not to exceed $550,000.00 per fiscal year in such final form as approved by the City Attorney.

7) Agreement with Engineering Resources of Southern California Inc. for the Civil Engineering Services of the New City Library Project (CIP Project Z20003)

Approve and authorize the City Manager to execute a Professional Services Agreement for $127,385.00 for the Civil Engineering Services of the New City Library Project (CIP Project Z20003) in such final form as approved by the City Attorney and authorize the City Manager to approve change orders up to 10% of the agreement for $12,738.50.

City Council Agenda - Fina July 09, 2024

City of Lake Elsinore Page 4

8) Independent Contractor Agreement for Instruction with National Junior Basketball League

Approve and authorize the City Manager to execute an agreement/contract with National Junior Basketball League in an amount not to exceed $60,000 for basketball league, practices, games, and instruction in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $6,000 for uncertainties and adjustments.

9) Independent Contractor Agreement for Instruction with Lorena Hancock

Approve and authorize the City Manager to execute an agreement with Lorena Hancock in an amount not to exceed $50,000 for recreation classes in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $5,000 for uncertainties and adjustments.

10) Professional Services Agreement for Heyday Records & Events

Approve and authorize the City Manager to execute an agreement/contract with Heyday Records & Events in an amount not to exceed $100,000 for Live Performance Support Services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $10,000 for uncertainties and adjustments.

11) Professional Services Agreement with Searle Creative Group for On -call Marketing and Design Services

Approve and authorize the City Manager to execute a Professional Services Agreement with Searle Creative Group in an amount not to exceed $35,000 for on- call marketing and design services for fiscal year 2024/25 in such final form as approved by the City Attorney.

12) Professional Services Agreement with Fehr & Peers for On -call Traffic Engineering Services

Approve and authorize the City Manager to execute an agreement with Fehr & Peers in an amount not to exceed $132,000 for on -call traffic engineering services in such final form as approved by the City Attorney.

13) Professional Services Agreement with Lynn Merrill & Associates, Inc. for Technical Support for the City’s National Pollutant Discharge Elimination System (NPDES) Compliance

Approve and authorize the City Manager to execute a Professional Services Agreement with Lynn Merrill and Associates for NPDES related compliance and consulting in an amount not to exceed $44,000 for a two- year contract term in final form as approved by the City Attorney.

14) Approve Placing Delinquent Refuse Bills on the FY 2024-2025 Tax Roll

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS.

City Council Agenda - Fina July 09, 2024

City of Lake Elsinore Page 5

15) Purchase of Real Property for Drainage Purposes (APN 378-030-027)

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING THE ACQUISITION OF ONE

RIVERSIDE COUNTY TAX-DEFAULTED PROPERTY FOR THE APPROXIMATE PURCHASE PRICE OF $90,887.19 PLUS ASSOCIATED ADMINISTRATIVE COSTS FOR ASSESSOR’S PARCEL NUMBER (APN) 378-030-027; and

2. Approve and authorize the City Manager to enter into a purchase agreement for the Acquisition of the property in final form as approved by the City attorney.

SUCCESSOR AGENCY CONSENT CALENDAR

16) Minutes of the Regular Successor Agency Meeting of June 25, 2024

Approve the Minutes.

17) SA Warrant Report Dated June 17, 2024 to June 23, 2024

Receive and file.

PUBLIC HEARING

18) Resolution of Necessity and Authorization to Commence Eminent Domain Proceedings to Acquire Easements in and to Real Property Necessary for the Murrieta Creek Regional Trail Project

1. Conduct a public hearing on the proposed Resolution of Necessity; and

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC

INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE

CONDEMNATION OF EASEMENTS IN AND TO CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES

CITY MANAGER COMMENTS

CITY ATTORNEY COMMENTS

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

ADJOURNMENT

The Lake Elsinore City Council will adjourn to the next Regular meeting of Tuesday, July 23, 2024 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

City Council Agenda - Fina July 09, 2024

City of Lake Elsinore Page 6

AFFIDAVIT OF POSTING

I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the forgoing agenda was posted at City Hall at 5:00 p.m. on Wednesday July 3, 2024.

_________________________
Candice Alvarez, MMC
City Clerk

1)
Riverside County Sheriff's Office 2024 Second Quarter Statistical Update

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:July 9, 2024
Subject:Riverside County Sheriff's Office 2024 Second Quarter Statistical Update RSO
2)
Recognition of Battalion Chief Scott Wetherholt

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:July 9, 2024
Subject:Recognition of Battalion Chief Scott Wetherholt Fire
Presented To
Battalion Chief Scott Wetherholt
In recognition of over two decades of service in our community with Cal Fire and the Riverside County Fire Department.

A resident of Riverside County, Battalion Chief Wetherholt continued to serve the place he called home for 26 years.

He worked in the Lake Elsinore Battalion for 19 years, serving at the Elsinore and McVicker Park fire stations and as the Lake Elsinore Battalion Chief.

We thank you for your dedication and service to the residents of the City of Lake Elsinore and surrounding communities.

July 9, 2024
Steve Manos, Mayor

3)
Recognition of Battalion Chief Jeff Roberts

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:July 9, 2024
Subject:Recognition of Battalion Chief Jeff Roberts
City Clerk's Office
Presented To
Battalion Chief Jeff Roberts
In recognition of over three decades of service in our community with Cal Fire and the Riverside County Fire Department.

A long-time resident of Canyon Lake, Battalion Chief Roberts continued to serve the place he called home for 31 years.

He worked for the Lake Elsinore Battalion for 15 years, serving at the Canyon Hills fire stations and as Elsinore Battalion Chief.

We thank you for your dedication and service to the residents of the City of Lake Elsinore and surrounding communities.

July 9, 2024
Steve Manos, Mayor

4)
Minutes of the Special City Council Meeting of June 18, 2024 and Regular City Council Meeting of June 25, 2024
Approve the Minutes.

Page 1 of 1 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:July 9, 2024
Subject:Minutes of the Special City Council Meeting of June 18, 2024 and Regular City Council Meeting of June 25, 2024
Recommendation
Approve the Minutes.

Attachments
Attachment 1 - 06-18-2024 SM Draft Minutes
Attachment 2 - 06-25-2024 Draft Minutes
City Clerk’s Office

City of Lake Elsinore
Joint City Council and Planning Commission
Special Meeting
Minutes – Draft

Steve Manos, Mayor Jodi Peters, Chair
Brian Tisdale, Mayor Pro Tem John Gray, Vice Chair
Timothy J. Sheridan, Council Member Anthony Williams, Commissioner Natasha Johnson, Council Member Michael Carroll, Commissioner Robert E. Magee, Council Member Myles Ross, Commissioner Jason Simpson, City Manager
Meeting Date:

June 18, 2024

Public Session: 6:30 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

CALL TO ORDER

The Joint Special Meeting of the City Council and Planning Commission was called to order at 6:30 p.m.

ROLL CALL

Present: 9 - Council Members Magee and Johnson; Mayor Pro Tem Tisdale; Mayor Manos; Commissioners Williams, Carroll, and Ross; Vice Chair Gray; and Chair Peters

Absent: 1 - Council Member Sheridan

PUBLIC COMMENTS

There were no speakers.

PLEDGE OF ALLEGIANCE

Mayor Manos led the Pledge of Allegiance.

BUSINESS ITEM

1) General Plan Update – Land Use and Transportation Alternatives Joint City Council and Planning Commission Study Session

Discuss and provide direction to staff regarding the General Plan Update.

The City Council and Planning Commission discussed the General Plan and provided direction to staff.

City Council Minutes - Draft June 18, 2024

City of Lake Elsinore Page 2

ADJOURNMENT

At 8:21 p.m., the Lake Elsinore City Council adjourned to its next Regular meeting on Tuesday, June 25, 2024 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.; and the Lake Elsinore Planning Commission adjourned to its next Regular meeting on Tuesday, July 2, 2024 in the Cultural Center located at 183 N. Main Street at 6:00 p.m.

City of Lake Elsinore
City Council Meeting
Minutes – Draft

Steve Manos, Mayor
Brian Tisdale, Mayor Pro Tem
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:

June 25, 2024

Closed Session: NONE
Public Session: 7:00 PM

Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530

CALL TO ORDER - 7:00 P.M.

The Regular Meetings of the City Council and the Successor Agency will be called to order.

PLEDGE OF ALLEGIANCE

Mayor Manos led the Pledge of Allegiance.

ROLL CALL

Present: 5 - Council/Agency Members Sheridan, Johnson, and Magee; Mayor Pro Tem/Vice Chair Tisdale; and Mayor/Chair Manos

Absent: 0 - None

CLOSED SESSION - NONE

PRESENTATION/CEREMONIAL

1) Parks & Recreation Month Proclamation

Present a Proclamation proclaiming the month of July 2024 as “Parks & Recreation Month” in the City of Lake Elsinore.

Mayor Manos presented the Proclamation to Community Services Director Skinner.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE

Douglas Norfolk was called to speak.

Ace Vallejos was called to speak.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 2

CITY COUNCIL CONSENT CALENDAR

A motion was made by Mayor Pro Tem Tisdale, seconded by Council Member Sheridan to approve the City Council Consent Calendar with Item Nos. 8 and 9 being removed for discussion. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

2) Minutes of the Regular City Council Meeting of June 11, 2024

2. Approve the Minutes.

This item was approved on the City Council Consent Calendar.

3) CC Warrant Report Dated May 27, 2024 to June 2, 2024

3. Receive and File.

This item was approved on the City Council Consent Calendar.

4) CC Warrant Report Dated June 3, 2024 to June 9, 2024

4. Receive and File.

This item was approved on the City Council Consent Calendar.

5) CC Investment Report for May 2024

5. Receive and file the Investment Report for May 2024.

This item was approved on the City Council Consent Calendar.

6) Professional Services Agreement with STK Architectural, Inc. for Architectural Services for City Library; Finding of Exemption Pursuant to Section 15332 of Title 14 of the California Code of Regulations (Class 32 – Infill)

1. Approve and authorize the City Manager to execute an agreement with STK Architectural, Inc. in an amount not to exceed $600,460.00 for architecture services related to the design development phase and construction document phase for the City Library in such final form as approved by the City Attorney and authorize the City Manager to approve change orders not to exceed a 10% contingency amount of $60,046.00 for unforeseen expenses; and

6. Find that the new City Library project satisfies the conditions described in Section 15332 of Title 14 of the California Code of Regulations (Class 32 – Infill) and is therefore exempt from review under the California Environmental Quality Act (CEQA).

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 3

7) Fiscal Year 2024-25 Special Taxes for Community Facilities Districts and Assessment District No. 2021-1 (Canyon Hills)

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2024-25; and

7. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2021-1 (CANYON HILLS) FOR FISCAL YEAR 2024-25.

This item was approved on the City Council Consent Calendar.

8) Agreement with American Lady Vet Services for Lake Maintenance and Liquid Algaecide Treatment

Approve and authorize the City Manager to execute the Contractor Services Agreement with American Lady Vet Services, Inc., in an amount not to exceed $84,865 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $8,486.5 for uncertainties and adjustments. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase from American Lady Vet Services.

This item was removed from the City Council Consent Calendar for discussion.

9) Agreements for Lake Water Quality Plan Projects with Moleaer, Inc., Ballard Marine Construction, and Poseidon LLC

1. Approve and authorize the City Manager to execute an Equipment Purchase & Service Agreement with Moleaer, Inc., in an amount not to exceed $1,595,847 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $160,000 for construction uncertainties and adjustments. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase from Moleaer since it is a non-replicable, custom water treatment system;

2. Approve and authorize the City Manager to execute a Contractor Services Agreement with Ballard, Marine Construction in an amount not to exceed $1,286,240 for installation of barges, mooring, anchoring, and electrical connections in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $128,624 for construction uncertainties and adjustments. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for the purchase from Ballard since it is a non-replicable, custom installation;

3. Authorize the City Manager to purchase custom barge systems from Poseidon LLC. in an amount not to exceed $425,507 and to execute change orders not to exceed a 10% contingency amount of $42,550 for construction uncertainties and adjustments; and

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 4

4. Find that the proposed Lake Water Quality Plan Projects are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

This item was removed from the City Council Consent Calendar for discussion.

10) Professional Services Agreements for On-call Building Plan Check and Inspection Services

Approve and authorize the City Manager to execute three (3) Agreements for Professional Services with TRB and Associates, SFA and Associates, and Bureau Veritas to provide on-call building plan check and inspection services in the amount of $180,000 per firm per fiscal year, in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

11) Resolution Denying a Request for Extension of Time for Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19, and Commercial Design Review No. 2019-27 (Lake and Mountain Commercial Center) and Making Findings in Support Thereof

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, DENYING A REQUEST FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 37922, CONDITIONAL USE PERMIT NO. 2019-19, AND COMMERCIAL DESIGN REVIEW NO. 2019-27 (LAKE AND MOUNTAIN COMMERCIAL CENTER) AND MAKING FINDINGS IN SUPPORT THEREOF.

This item was approved on the City Council Consent Calendar.

12) Amendment No. 3 to the Contractor Services Agreement with Blue Triton Brands, Inc. (DBA ReadyRefresh) for Additional Water Delivery Services

Approve and authorize the City Manager to execute Amendment No. 3 with Blue Triton Brands, Inc. (DBA ReadyRefresh) for additional water delivery services and increase compensation by an additional $1,494.26 for a total not to exceed $10,994.26 per Fiscal Year in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

13) Agreement with County of Riverside Waste Management Department for Household Hazardous Waste Collection

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, AUTHORIZING APPROVAL OF THE AGREEMENT

BETWEEN COUNTY OF RIVERSIDE AND CITY OF LAKE ELSINORE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM; and

2. Approve and authorize the City Manager to execute an Agreement with County of Riverside Waste Management Department for collection of Household Hazardous Waste in such final form approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 5

14) Change Order No. 1 to Purchase Order of Trash Cans and Recycle Bins for Citywide Parks with BearSaver

Approve and authorize the City Manager to execute Change Order No. 1 with BearSaver for additional fees for changes in design setup in the amount of $6,555.97 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

15) Contractor Services Agreement with Knorr Systems, Inc. for Splashpad Equipment Maintenance at Canyon Hills Park, Yarborough Park, and Launch Pointe RV Park

Approve and authorize the City Manager to execute an Agreement with Knorr Systems, Inc. in an amount not to exceed $12,000.00 annually for Splashpad Equipment Maintenance at Canyon Hills Park, Yarborough Park and Launch Pointe RV Park in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,200.00 for unanticipated costs.

This item was approved on the City Council Consent Calendar.

16) Construction Contract Award to NPG, Inc. for the Citywide Annual Asphalt Maintenance and Repair, New Installation’s Program, and On-call Emergency Construction Services (CIP Project No. Z10002)

Approve and authorize the City Manager to execute a Construction Agreement with NPG, Inc. in the amount of $2,000,000.00 for Citywide Annual Asphalt Maintenance and Repair, New Installation’s Program, and On-Call Emergency Construction Services (CIP Project No. Z10002) and authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $200,000.00 for construction uncertainties and adjustments.

This item was approved on the City Council Consent Calendar.

17) Amendment No. 1 with CM Wash Equipment for Additional Maintenance Services of Wash Stations and Equipment for Citywide Facilities

Approve and authorize the City Manager to execute Amendment No. 1 with CM Wash Equipment for additional maintenance of wash stations and equipment for Citywide Facilities and to increase compensation by an additional $12,000.00 for a total not to exceed $61,007.95 per Fiscal Year plus ten percent contingency of $6,100.80 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 6

ITEMS REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION

8) Agreement with American Lady Vet Services for Lake Maintenance and Liquid Algaecide Treatment

Community Support Manager Gufarotti presented the staff report.

A motion was made by Council Member Johnson, seconded by Council Member Sheridan to approve The motion Carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

9) Agreements for Lake Water Quality Plan Projects with Moleaer, Inc., Ballard Marine Construction, and Poseidon LLC

4. Find that the proposed Lake Water Quality Plan Projects are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Community Support Manager Gufarotti presented the staff report and introduced staff from Moleaer, Inc.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 7

A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale to approve The motion Carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

SUCCESSOR AGENCY CONSENT CALENDAR

A motion was made by Agency Member Johnson, seconded by Vice Chair Tisdale to approve the Successor Agency Consent Calendar. The motion carried by the following vote:

Aye: 5 Agency Members Sheridan, Johnson, and Magee; Vice Chair Tisdale; and Chair Manos
Nay: 0 None

18) Minutes of the Regular Successor Agency Meeting of June 11, 2024

Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar.

19) SA Warrant Report Dated May 27, 2024 to June 2, 2024

Receive and file.

This item was approved on the Successor Agency Consent Calendar.

20) SA Warrant Report Dated June 3, 2024 to June 9, 2024

Receive and File.

This item was approved on the Successor Agency Consent Calendar.

21) SA Investment Report for May 2024

Receive and file the Investment Report for May 2024.

This item was approved on the Successor Agency Consent Calendar.

22) Fiscal Year 2024-25 Special Taxes for Community Facilities District No. 90-2 (Tuscany Hills Public Improvements)

Adopt A RESOLUTION OF THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA,

REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO

PLACE SPECIAL TAXES ON PROPERTIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 90-2 FOR FISCAL YEAR 2024-25.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 8

23) Agreement with The Landscape Center (TLC) and the Successor Agency of the Redevelopment Agency of the Agency of Lake Elsinore for Purchase, Delivery, and Installation of 10 Palm Trees at the Lake Elsinore Diamond Stadium

Approve and authorize the Executive Director to execute a Contractor Services Agreement with The Landscape Center (TLC) in an amount not to exceed $68,046.25 (including tax) for the Purchase, Delivery, and Installation of 10 Palm Trees at the Lake Elsinore Diamond Stadium in such final form as approved by the Agency Attorney and authorize the Executive Director to execute change orders not to exceed a 10% contingency amount of $6,804.00 for uncertainties and adjustments.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARINGS

24) Capital Improvement Plan (CIP) Budget for Fiscal Years 2024-25 to 2028-29

Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2024-25 THROUGH 2028-29.

The Public Hearing was opened at 7:42 p.m.

Assistant Administrative Services Director Rafferty presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:52 p.m.

A motion was made by Council Member Johnson, seconded by Council Member Magee to approve staff’s recommendation. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

25) Citywide Landscaping and Street Lighting District and the Landscaping and Street Lighting Maintenance District No. 1 for Fiscal Year 2024-25

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND

PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2024-25 FOR THE CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT (LLMD); and

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND

PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FOR FISCAL YEAR 2024-25 FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1.

The Public Hearing was opened at 7:52 p.m.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 9

Assistant City Manager Buckley presented the staff report and introduced Shane Spicer.

There were no speakers.

The Public Hearing was closed at 7:56 p.m.

A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale to adopt the two Resolutions. The motion carried by the following vote:

Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES

There were no speakers.

CITY ATTORNEY COMMENTS

City Attorney Leibold had no comments.

CITY MANAGER'S COMMENTS

City Manager Simpson thanked Assistant Administrative Services Director Rafferty for a thorough presentation on the Capital Improvement Plan Budget and thanked the Lake Management team for their continued hard work to improve the quality of the Lake.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

Council Member Magee recognized June 27, 2024 as PTST Awareness Day; reminded residents that fireworks are illegal, noted that the City provides a free Fireworks Spectacular show at 9:00 p.m. on July 4th, and shared pet safety tips; and invited the community to attend the Cal Club SCCA Autocross event on July 7, 2024 at Lake Elsinore Diamond Stadium.

Council Member Johnson reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on June 3, 2024; provided updates on legislative affairs; shared updates from the Homeless Task Force; announced the 2024 Carl Graves Scholarship recipients from Temescal Canyon High School; shared her attendance at the Riverside Sheriff’s Office Public Safety Update with Sheriff Chad Bianco; and requested contributions for the COPS for kids Christmas in July toy drive.

Council Member Sheridan reported on his attendance at the Southwest Riverside County Higher Education Coalition meeting on June 25, 2024; shared Riverside Transit Agency’s summer promotions; and shared photos from the Lake Elsinore Car Cruise that was held on Saturday, June 22, 2024.

Mayor Pro Tem Tisdale reported on his attendance at the Northwest Mosquito and Vector Control District Board meeting on June 20, 2024; shared that the California Supreme Court sided with Governor Newsom on the constitutionality of placing an anti-tax measure on the November ballot; and shared an update on the Governor’s budget.

City Council Minutes - Draft June 25, 2024

City of Lake Elsinore Page 10

Mayor Manos announced the Free Summer Concert Series dates; shared 4th of July festivities; and announced the Oktoberfest on the Lake event that will take place from 11:00 a.m. – 9:00 p.m. September 28-29, 2024 at Launch Pointe.

ADJOURNMENT

The Lake Elsinore City Council adjourned at 8:31 p.m. to the next Regular meeting of Tuesday, July 9, 2024 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

5)
CC Warrant Report Dated June 17, 2024, to June 23, 2024 Receive and file.

Page 1 of 1 ends

Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.

Attachments
Attachment 1 – City Warrant Summary
Attachment 2 – City Warrant List
JUNE 17, 2024 TO JUNE 23, 2024 CITY OF LAKE ELSINORE CITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL 2,162,664.38 $
103 THE ANCHOR 41,673.50
110 GAS TAX 4,000.00
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 24,669.63 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 1,875.82 155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 14,115.63 180 LAUNCH POINTE 67,863.07
300 INSURANCE SERVICES (7,461.56)
305 INFORMATION SYSTEMS SERVICE 85,783.90
310 SUPPORT SERVICE 600.30
315 FLEET SERVICE 25,983.01
320 FACILITIES SERVICE 17,184.71
500 CAPITAL IMPROVEMENT PLAN 1,290,049.89
620 COST RECOVERY TRUST DEPOSITS (12.00)
GRAND TOTAL 3,728,990.28 $
Attachment 1 1 of 1
JUNE 17, 2024 TO JUNE 23, 2024 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA24002929 ALBERT WEBB & ASSOCIATES 2,640.25 $
APA24002930 AZTECA CLEANING SERVICES LLC 1,890.00
APA24002931 BANNER BANK 20,346.11
APA24002932 BLACK TIE LAUNDRY 776.32
APA24002933 BROWN, MATTHEW SCOTT 369.26
APA24002934 CALIFORNIA STATE FIRE PROTECTION 2,349.25
APA24002935 CALIFORNIA, DEPARTMENT OF JUSTICE 241.00
APA24002936 CDW GOVERNMENT, INC. 896.54
APA24002937 CHARTER COMMUNICATIONS 550.00
APA24002938 CINTAS CORPORATION NO. 2 114.35
APA24002939 CR&R, INC. 619.00
APA24002940 DE SANTIAGO, RICK 743.44
APA24002941 DE VRIES, DAVID 965.98
APA24002942 DISCOUNT HAULING & CLEANUP SERVICE 11,020.00 APA24002943 DOUGLAS HINER UMPIRING SERVICES 252.00
APA24002944 EVMWD 58,224.94
APA24002945 FERGUSON 146.75
APA24002946 FREE ENERGY SAVING 56.24
APA24002947 GONZALEZ, GINA 187.94
APA24002948 GREAT AMERICA FINANCIAL SERVICES 600.30
APA24002949 GRIFFITH COMPANY 386,576.07
APA24002950 HAZZARD BACKFLOW, INC. 35.00
APA24002951 HDL HINDERLITER, DE LLAMAS & ASSOCIATES 6,377.62 APA24002952 HEMET FENCE CORP 4,000.00
APA24002953 HOWARD INDUSTRIES, INC. 1,206.69
APA24002954 HUNSAKER & ASSOCIATES IRVINE, INC. 7,098.00 APA24002955 KELLEN'S BAIT 135.20
APA24002956 KEYSER, KEVIN 661.64
APA24002957 LAKE ELSINORE CENTRAL AUTO GLASS & TINTING 514.06 APA24002959 LAND IQ, LLC 907.50
APA24002960 LIUNA LOCAL 777 768.00
APA24002961 O'REILLY AUTO STORES INC/FIRST CALL 1,172.24 APA24002962 PLASCENCIA, HORACIO 645.39
APA24002963 PRESS-ENTERPRISE, THE 257.42
APA24002964 PRUDENTIAL OVERALL SUPPLY 463.73
APA24002965 RP LANDSCAPE & IRRIGATION 77,158.69
APA24002966 RSG, INC. 662.50
APA24002967 SAFETY-KLEEN SYSTEMS, INC. 244.93
APA24002968 SELECT ELECTRIC INC 482,965.76
APA24002969 SERVPRO OF CHINO 850.00
APA24002970 SHERIDAN, TIMOTHY J. 267.91
APA24002971 SHRED-IT USA, LLC 85.60
APA24002972 SMART & FINAL 236.80
Attachment 2 1 OF 3
JUNE 17, 2024 TO JUNE 23, 2024 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA24002973 SOCIAL WORK ACTION GROUP 38,799.00
APA24002974 SOUTHERN CALIFORNIA EDISON CO. 7,593.92
APA24002975 SOUTHWEST STRUCTURES 227.81
APA24002976 SWANK MOTION PICTURES, INC. 405.00
APA24002977 TEAM AUTOAID, INC. 15.39
APA24002978 THE CENTRE FOR ORGANIZATION EFFECTIVENESS 6,560.00 APA24002979 TISDALE, BRIAN 371.18
APA24002980 TOTAL CLEAN 14,115.63
APA24002981 TRANSTECH ENGINEERS, INC. 30,270.00
APA24002982 TRB AND ASSOCIATES, INC. 6,131.96
APA24002983 TRI-STAR ELECTRIC 1,068.00
APA24002984 TYLER TECHNOLOGIES, INC. 62,204.44
APA24002985 UTILITY COST MANAGEMENT LLC 443.89
APA24002986 WAXIE SANITARY SUPPLY 2,487.33
APA24002987 WILLDAN 5,413.69
APA24002988 YESCO SIGNS LLC 317,679.76
7092 AMAZON BUSINESS 9,141.00
7093 AMERICAN MATERIAL COMPANY 102.54
7094 AUTOMATED GATE SERVICES, INC 352.00
7095 CALIFORNIA DEPARTMENT OF TRANSPORTATION 6,284.37
7096 CALIFORNIA JPIA 25.00
7097 CIVICA LAW GROUP, APC 25,133.23
7098 DOWNS ENERGY 11,680.60
7099 ENGINEERING RESOURCES OF SO CA 48.10
7100 ENGINEERING RESOURCES OF SO CA 43,174.57
7101 ENGINEERING RESOURCES OF SO CA 6,757.50
7102 GMS ELEVATOR SERVICES, INC. 330.00
7103 HDR ENGINEERING, INC. 30,338.05
7104 KPA SERVICES, LLC 866.70
7105 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 12,500.00 7106 PALMS PARK LLC 4,000.00
7107 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 1,264,934.60 7108 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 27,283.61 7109 SECURITAS SECURITY SERVICES USA, INC. 2,869.90
7110 SERVICE FIRST 14,598.10
7111 TC SPORTS MANAGEMENT, LLC 32,933.33
7112 TOP SERVICE PLUMBING, INC. 24,000.00
7113 TOP SERVICE PLUMBING, INC. 1,318.40
7114 WKE, INC. 1,236.42
143591 IN & OUT VEHICLE REGISTRATION SERVICE 107.00
DFT240640 NATIONWIDE TRUST COMPANY, FSB 1,148.54
DFT240641 MISSION SQUARE RETIREMENT 30,878.96
DFT240642 MISSION SQUARE RETIREMENT 380.77
DFT240643 INTERNAL REVENUE SERVICE 136,753.04
DFT240644 FRANCHISE TAX BOARD 26,976.92
Attachment 2 2 OF 3
JUNE 17, 2024 TO JUNE 23, 2024 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
DFT240645 PAYCHEX OF NEW YORK, LLC 1,808.34
DFT240646 PAYCHEX OF NEW YORK, LLC 550.00
DFT240647 STATE DISBURSEMENT UNIT 134.30
DFT240648 STATE DISBURSEMENT UNIT 392.30
DFT240649 INTERNAL REVENUE SERVICE 198.50
DFT240650 LEGAL SHIELD 89.70
DFT240651 TASC 4,212.90
DFT240653 CALPERS 77,707.57
DFT240654 CALPERS 114.80
PR06202024 NET PAYROLL 357,561.20
GRAND TOTAL 3,728,990.28 $
Attachment 2 3 OF 3
6)
Amendment No. 2 to On-call Services Agreement with Ak Security Alarm, LLC. for Minor Construction and Repair Services.

Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for On-Call Services with AK Security Alarm, LLC. for minor construction and repair services in an amount not to exceed $550,000.00 per fiscal year in such final form as approved by the City Attorney.

Page 1 of 2 ends

Recommendation
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for On- Call Services with AK Security Alarm, LLC. for minor construction and repair services in an amount not to exceed $550,000.00 per fiscal year in such final form as approved by the City Attorney.

Background
On August 8, 2022, the City prepared a request for proposals for On-Call minor construction and repair services. On September 13, 2022, the City Council approved an agreement with AK Security Alarm LLC for $405,000.00 ending September 13, 2023, with the option of two 1-year extensions. The City has exercised one of the options by extending the contract to September 13, 2024.

On June 11, 2024, the City Council approved Amendment No. 1 with AK Security Alarm, LLC. increasing annual compensation to $450,000.00. This Amendment also changed the terms of the agreement to coincide with the City’s fiscal year-end.

Discussion
On-Call contracts allow the City to mobilize construction and repair services quickly and efficiently under pre-negotiated terms and conditions. The City may require services due to an urgent matter or because the City is unable to provide or perform those services internally. For a city who needs to engage a general or specific construction and repair service, the benefits of having an on-call contract in place include:
•A wide span of technical expertise.
•Resource availability and flexibility.
•Commitments as needed for services.

AK Amendment No. 2 On-Call

Page 2 of 2 ends

•Accelerated procurement and authorization.
•Independent and objective assessments and proposals.
•Validation of resolution-oriented actions.

The On-Call minor construction and repair services are essential to maintain city amenities and efficiently construct low-cost minor projects.

AK Security and Alarm has provided essential contractor services for various projects around the City. This contract will allow the contractor to perform a variety of on-call communication and electronic data repair and minor construction work. AK Security and Alarm has performed as a contractor and sub-contractor on several large city and agency projects at the Rosetta Canyon Sports Park, Launch Pointe RV Resort, City Hall, The Neighborhood Community Center, The Anchor, and various other city projects.

This Amendment ensures continued on-call minor construction and repair services support to immediate operational demands. The sustainment of these essential general requirements provides city-wide minor construction, rehabilitation, and immediate maintenance augmentation of repair services.

Fiscal Impact
Funds are budgeted in the Fiscal Year 2023-24 Annual Operating Internal Service Budget.

Attachments
Attachment 1- Amendment No. 2
Exhibit A - Proposal
Attachment 2 - Amendment No. 1
Attachment 3 - Original Agreement
Administrative Services
AMENDMENT NO. 2

TO AGREEMENT FOR ON-CALL SERVICES
AK Security Alarm, LLC.

ON-CALL SERVICES
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 7/9/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and AK Security Alarm, LLC., a limited liability company (“Contractor”).

RECITALS
A. The City and Contractor have entered into that certain Agreement for On-Call Services dated as of 9/13/2022, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Contractor in an amount of four hundred five thousand dollars ($405,000.00).

C. The Original Agreement had a term of one year with two one-year renewal options, commencing on 9/13/22 and ending on 9/12/23.

D. Amendment No. 1 dated June 11, 2024, increased annual compensation by an additional $45,000.00 for a not to exceed compensation amount of $450,000.00 per fiscal year.

E. The parties now desire to amend the term and increase the payment for such services as set forth in this Amendment No 2.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:

1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (referenced collectively as Exhibit A-1 Amendment No. 2), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s annual compensation related to Exhibit A-1 exceed five hundred fifty thousand dollars and no cents ($550,000.00) without additional written authorization from the City.

Notwithstanding any provision of Contractor’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
AK Security Alarm, LLC.

City Manager
Date:

Oscar Gomez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Contractor’s Proposal

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
1 COVER LETTER
AK Security Alarm LLC is pleased to present this proposal to the City of Lake Elsinore for a complete, turn-key, security maintenance program.

AK Security Alarm LLC specializes in the design, installation, integration, and service of Security and ﬁre alarm systems, and we also focus on Access Control systems and Closed-Circuit TV (CCTV) camera surveillance systems for residential and commercial applications.

AK Security Alarm LLC can provide you with a solution for your security system requirement from a single-family home to larger estates or apartment complexes, or small business to a larger industrial facility. We have a solution for your needs.

Through our partner operations, AK Security Alarm LLC can reach out and help protect customers in locations that might otherwise be unavailable.

CORPORATE OFFICE INFORMATION:

AK Security Alarm LLC I Riverside
11521 Trailrun Court
Riverside, CA 92505
Email: [email protected]
Phone: 1 (951) 395-0006
Https://aksecurityalarm.net/
Licenses:
• Alarm: ACO07848
• CIO: 1005318
AK Security Alarm LLC is uniquely qualiﬁed to provide your Contractor Services Agreement Citywide Advanced Security, Surveillance, and Communication Systems at the City of Lake Elsinore.

AK Security Alarm LLC is well positioned to service the City of Lake Elsinore with our own team of dedicated technical resources, including an extensive vehicle ﬂeet, based locally out of our Riverside and other local ofﬁces.

Authorized Signers:
_______________
Oscar Gomez
Owner
2 PERSONNEL MANAGEMENT CONTACT The Account Executive is responsible for all business communicating regarding the service contract and additional related projects. The Account Executive will communicate directly with the customer to ensure the deal is being executed to plan. Oscar Gomez Owner (951) 395-0006 SITE AND PROJECT MANAGER The project manager is responsible for the overall performance and execution of AK Security Alarm LLC scope of work throughout the contract. The Project Manager focuses on all aspects of project performance, especially those that relate to resource planning and scheduling, communication, customer satisfaction, and quality assurance. • Serves as primary communication interface on project related matters. • Coordinates the development of documentation to support and maintain the City's Networking. • Schedules any activities in concert with the overall schedule. • Change management and control of services as needed. • Resolves contractual issues. OPERATIONS SERVICE MANAGER The Service Manager is responsible for the overall performance and execution of the contracted services. The service manager becomes hour point of contact after initial implementation and fully transition into service delivery. RESOURCES BIO Oscar Gomez - Project Manager, Technician C10 Certiﬁed (951) 395-0006 Oscar has over nineteen years of experience with integrated security and networking systems, including experience with engineering, programming, and commissioning of CCTV, ALPR, Access Control systems, and cabling data center. Oscar has extensive experience designing, installing, and managing electrical/video security solutions with our local government sector, including the cities of the City of Laguna Hills. Oscar is a certiﬁed C10 Electrician, access control, CCTV, and alarm platforms. Oscar possesses extensive experience in the following speciﬁc systems issues weekly status reporting. AXIS SelectDNA Arecont Vision Exacq 3 QNAP Single PH Three PH FireLight DSC KanTech Honeywell QSC Silentnight Alberto Hernandez - Operations Service Manager 1 (310) 936-0391 Alberto has over seventeen years of experience with security and networking systems, including experience programming and commissioning CCTV and Access Control systems and cabling data center. Alberto possesses extensive experience in the following speciﬁc systems: • Axis • Arecont Vision • QNAP • Firelight • Kantech • SilentKnight • Exacq • Honeywell • DSC • QSC 4 SCOPE OF WORK The scope of work is to provide the City of Lake Elsinore a full-service maintenance for Citywide Advanced Security, Surveillance, and Communication Systems. Maintenance services is 24 hour-a-day, 7 day-a-week. The scope of work ensures continued services in support of day-to-day operations, system maintenance, stafﬁng training, immediate operational demands and new Citywide capital projects assessments. AK Security Alarm staff is focused on preventive maintenance by stafﬁng highly capable engineers in security, surveillance, network, ﬁre systems to provide endless security perseverance tailored to the City's precise needs and prevent incidents from happening. PROPOSED STAFFING MODEL • Oscar Gomez, Project Director/Architect • Alberto Hernandez, Operations Supervisor ACTIVITES • Detailed Maintenance activities can be found in Section A. GENERAL SERVICE • Implement and maintain a detailed inventory master of all Citywide equipment • UPS/UPC Maintenance SECURITY/ SURELANCE • Annual Penetration testing for Security and Surveillance • Installation and Maintenance o Firmware upgrade o Adjusting focusing of cameras o Cleaning of cameras o Total Connect cloud service maintenance • Maintenance and Part Replacement o Window/Door sensor o Motion detectors o Glass breaks o Keypads o Horn and strobes o Systems batteries o Wiring o Zone expanders 5 o Wireless contacts o Panic buttons (wired and hardware) CAMERAS • Installation and Maintenance o Axis cameras o Software/Firmware updates • Labor for parts replacement as needed (does not include parts) ACCESS CONTROLS Installation and Maintenance AUDIO VISUAL Installation and Maintenance COMMUNICATION SYSTEMS AND INFRASTRUCTURE • Installation and Maintenance o Cell and communication o Servers o Networking o Wireless access points o Launch points FIRE SYSTEMS Installation and Maintenance CURRENT MAINTENANCE LOCATION • City Hall City of Lake Elsinore Cultural Center • Dream Neighborhood Center Historical Museum • Lake Community Center Launch Pointe Clubhouse • Lunch Pointe Main Building/Shop McVicker Canyon Park Surveillance Mobile Unit • Planet Youth • The Anchor • Senior Center • Public Works Yard o New Adm in building o Old Admin building o Shop • Parks o Rosetta Park § Admin Building 6 § Shop
§ Snack Bar
o Canyon Hills Community Park
o Swick Matick Park
o Summerly Community Park
oMcVicker Park
oLakepoint Park
oMachado Park
oAlberhill Park
oChannel Walk
oChristensen Community Park
oCity Park
oCreekside Park
oLincoln Street Park
oLinear Park
oOak Tree Park
oRosetta Canyon Sports Park
oSerenity Park
oSummerhill Park
oSummerlake Park
oTuscany Hills Park
oYarborough Park
oBoys & Girls Clubhouse at Alberhill Park
oCultural Center
oLake Community Center
oSenior Activity Center
oYouth Opportunity Center
e e
-
•
Section A
AK Security Alarm LLC - Surveillance and Communication System Preventive Maintenance Supporting City's Security and Fire for designated locations Category Description Schedule Areas for
Improvements
Equipment Manage Equipment inventory Daily
Management
Active Directory Check for inactive user & computer accounts associated Monthly with Security, Alarm, and Fire System
Active Directory Validate Group Policies IT Security Team - Check settings, Quarterly authorizations, OU Structure
Hardware Warranty - Check on all equipment associated to Security, Annually Alarm, and Fire System Critical Equipment
Hardware Generator - Test Generator Bi-annually
Hardware Q-NAP SAN - Check firmware for controller and hard drives Bi-annually City to consider cloud redundant storage
Hardware Server: Check BIOS settings (i.e. Time & Date) Bi-annually Hardware Server: Check for new firmware/bias Bi-annually Hardware Cloud Services: Check Resource Consumption Daily .

Hardware Server/SAN/Networking: Physically check all equipment Daily Hardware Switch - Check fans and power supplies Daily
Hardware SAN - Check Volume Usage (thin provisioned) Monthly Hardware UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Monthly Hardware Switches: Check Firmware Quarterly
Hardware Firewall Maintenance N/A Responsibility of the City's IT
Networking VPN: Check Utilization, Latency & Packet Loss Monthly 7 ·-
Networking Load Balancers/Application - Check Firmware & Policies Quarterly Networking Spam/Web Filter - Check Firmware & Policies Quarterly Networking WAN (WiFi): Check Utilization, Latency & Packet Loss Weekly OS/Software Change Local Admin Password Bi-annually
OS/Software SSL Certificates - Check expiration dates Bi-annually OS/Software Check Backups and Replication Daily City to consider cloud redundant storage
OS/Software Antivirus maintenance Daily
OS/Software Check Windows Services Daily
OS/Software Check Application & System Event Logs Monthly OS/Software Check Server CPU, Memory, Disk & Network Utilization Monthly OS/Software Delete Temp Files (Windows & Users Temp locations) Monthly OS/Software End Point Protection - Check for inactive computer Monthly membership
OS/Software Endpoint Protection - Run Clean up Tools if applicable Monthly OS/Software Run Windows Updates Monthly
OS/Software Update Software (i.e. Adobe Reader, Flash, Java) Monthly OS/Software Windows Logs - Check (C:\Windows\Logs) especially CBS Monthly OS/Software Check File Shares/Permissions Quarterly
OS/Software Backups - Test, Perform VM restore in sandbox environment Weekly if applicable
Security End Point Protection - Check Policies & Scan Schedule Monthly Security Security Logs - Check for brute force/unauthorized access Monthly 8 e e e e e e e e e e e e e
Security Check Domain User Password Policy
Security Review Firewall Polices (i.e. NAT and Access Rules) Security Review Security Group Memberships
Security End Point Protection - Check Dashboard and Logs Security Security Equipment Batteries
Security Schedule tests
Security Clean Alarm
Security Check for System Status Updates
Security Keep Sensors Clear of Dust and Debris
Security Perform Regular Communication and Sensor Testing Security Inspect sensors
Security Do a perimeter check
Security Check security lights and porch lights
Security Check batteries in wireless sensors
Security Check batteries in remotes
Security Check batteries in smoke/CO detectors
Security Check batteries on door panels
Access Controls User requests
Access Controls Security Logs - Check for brute force/unauthorized access Access Controls Equipment testing
Quarterly
Quarterly City to provide
Quarterly
Weekly
Daily
Monthly
Monthly
Daily
Daily
Weekly
Weekly
Monthly
Monthly City to address lighting
issues identified
Weekly
Weekly
Weekly
Weekly
Daily
Monthly
Monthly
9 Access Controls UPS - Check Voltage, Utilization, Temp, Humidity, Batteries Daily Audio Visual Testing firmware Daily
Audio Visual Testing sound (microphone, cameras, TVs, Executive Daily conference rooms)
Audio Visual System logs and configuration changes Daily Audio Visual Lighting controls review Daily
Audio Visual Check equipment before meetings (speakers, microphones) Daily Fire Fire detection devices placed in areas with heavy exposure Weekly to dust, smoke or grease are often triggered accidentally, making them seem unreliable
Fire Schedule tests of smoke detectors and fire Alarm Monthly Fire Check how many detectors for the size and layout of a Quarterly building to ensure they are appropriate for their use
e Fire Running weekly alarm system tests if possible Weekly Fire Notifications to impacted resources of fire test Weekly Fire Checking the batteries in all fire detectors and smoke Alarm Weekly Fire Checking visual displays on the fire alarm panel Monthly Fire Update and test the function of the system and determine Quarterly any possible methods strengthening or streamlining the
integration of fire systems
Fire Reviewing fire detection device and alarm system service Monthly records to ensure that all systems meet current
requirements and are fully compliant with NFPA regulations Fire Testing all voice alarm systems Monthly
Fire Testing in-building fire emergency voice/alarm Quarterly communications
Fire Testing the fuses and transmitters on the control equipment Quarterly for your monitored systems
Fire Follow up. Ensure that fire departments are properly Annually receiving notifications when fire Alarm sound
Fire Schedule Annual Fire System Inspections Annually
10 AK Security Alarm
Invoice
Bill To: City Of Lake Elsinore
[email protected]
City of Lake Elsinore
130 S MAIN ST
Lake Elsinore, CA 92530
(951) 757-1444
Invoice No: 10100506
Date: 05/27/2024
Terms: NET 0
Due Date: 05/27/2024
Ship To: City of Lake Elsinore
130 S MAIN ST
Lake Elsinore, CA 92530
Tracking No
Ship Via
FOB
Code Description Quantity Rate s Amount

MAINTENANCES SERVICES AGREEMENT

SURVEILLANCES AND COMMUNICATION PREVENTIVE MAINTENANCES 1 $8,333.34 0% $8,333.34
Labor Subtotal $8,333.34
Subtotal $8,333.34
s 0% $0.00
Shipping $0.00
Total $8,333.34

INVOICE
11521 Trailrun Ct
Riverside, CA, 92505
[email protected]
aksecurityalarm.net
(951) 482-9526
ACO 7848
LIC# 1005318

FIRE ALARM SYSTEMS
AMENDMENT NO. 1

TO AGREEMENT FOR ON-CALL SERVICES
AK Security Alarm, LLC.

ON-CALL SERVICES
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 6/11/2024, by and between the City of Lake Elsinore, a municipal corporation (“City), and AK Security Alarm, LLC., a limited liability company (“Contractor”).

B. The Original Agreement provided for compensation to Contractor in an amount of four hundred five thousand dollars ($405,000.00).

C. The Original Agreement had a term of one year with two one-year renewal options, commencing on 9/13/22 and ending on 9/12/23.

D. The parties now desire to amend the term and increase the payment for such services as set forth in this Amendment No 1.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:

1. Section 2, Term, of the Original Agreement is hereby amended to read in its entirety as follows:

Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on September 13, 2022 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor’s Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s annual compensation exceed four hundred fifty thousand dollars and no cents ($450,000.00) without additional written authorization from the City.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
AK Security Alarm, LLC.

City Manager
Date:

Oscar Gomez, Owner
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

7)
Agreement with Engineering Resources of Southern California Inc. for the Civil Engineering Services of the New City Library Project (CIP Project Z20003) Approve and authorize the City Manager to execute a Professional Services Agreement for $127,385.00 for the Civil Engineering Services of the New City Library Project (CIP Project Z20003) in such final form as approved by the City Attorney and authorize the City Manager to approve change orders up to 10% of the agreement for $12,738.50.

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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:July 9, 2024
Subject:Agreement with Engineering Resources of Southern California Inc. for the Civil Engineering Services of the New City Library Project (CIP Project Z20003)
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement for $127,385.00 for the Civil Engineering Services of the New City Library Project (CIP Project Z20003) in such final form as approved by the City Attorney and authorize the City Manager to approve change orders up to 10% of the agreement for $12,738.50.

Background
Staff has engaged the services of Engineering Resources of Southern California Inc. (ERSC) to provide civil engineering design services with valued engineering concepts. ERSC is a leading civil engineering firm that has assisted the City at Launch Pointe RV Resort and the new City Hall.

These services are needed to create an engineered building pad for the new corporate facility.

ERSC and the City's architect, STK Architectural, will work together with the help of Dennis Janda Surveying to establish an engineered build site complete with utility connections complete with utility connections.

Discussion
These services are standard civil engineering services for the project's site development and will include the needed civil engineering construction documentation to affect the complete site development. Essential tasks are included in the following:
•Record Data on Utilities Research Topography & Boundary Survey •Base Map Development Plan Pre-Design
•Alley Improvements
•Storm Drain Relocation Plan
New City Library CIP Z20003

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1 3
0 4
•Sewer Relocation Plan
•Gas Line Relocation
•New Utility Connections
•Utility Easement
During the professional services review phase, the deliberate outcome was to ensure a complete understanding of the required and needed services, identify assumptions, and gain an understanding of and experience with corporate facility amenities and civil engineering costs. The ERSC proposal details all the services required to develop project construction documentation.

ERSC deliverable services will include the following major elements:
•Existing Utilities and Boundary Research
•Acquire available public land records
•Acquire available utility records
•Commission preparation of a Preliminary Title Report
•Staff and Accessible Parking
•Begin layout of other site features
•Layout drainage concept
•Layout BMP location
•Utility coordination
•Grading design and plan
•Retaining wall design and plan
•Hydrology Report and WQMP
•Incorporate any modifications/comments
Environmental Consideration
Approval of the Agreement for civil engineering services for the New City Library project (CIP Project Z20003) is in furtherance of implementing the New City Library project approved by the City Council on June 25, 2024. Additionally, there is no substantial change to the project, no new circumstances under which the project will be developed, nor new information requiring additional analysis. Accordingly, no further environmental review is required.

Fiscal Impact
The new City Library Project (CIP Project Z20003) is included in the Fiscal Year 23/24 – 27/28 Capital Improvement Plan (CIP) budget.

Attachments
Attachment 1- ERSC Agreement
Attachment 2 - ERSC Proposal
City Manager's Office
Attachment 1 - ERSC Agreement Page 1
A

GREEMENT FOR PROFESSIONAL SERVICES
D
esign Professional
E
ngineering Resources of Southern California Inc.

This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 9, 2024, by and between the City of Lake Elsinore, a municipal corporation ( ‘‘City") and Engineering Resources of Southern California Inc, a Corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

Civil Engineering Design Documentation (City Library)
B. Consultant has submitted to City a proposal, dated June 19, 2024, attached hereto as Attachment 2 (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described i n Consultant’s Proposal (Attachment 2). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Attachment 2). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Attachment 2). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

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c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Attachment 2).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Attachment 2), which is attached hereto and incorporated herein by reference . In no event shall Consultant ’s compensation exceed one hundred twenty seven thousand three hundred eighty five dollars ($127,385.00) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Attachment 2 shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment . Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement , including but not limited to their references, charac ter, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement , and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request . City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third - party requests of C onsultant shall be immediately referred to C ity, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data") . Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data . Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memor anda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement . Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement . Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant ’s services are rendered, or any publicity pertaining to the Consultant ’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

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b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers . Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant ’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall . Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, o r agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City . Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement c laims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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by this A greement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant ’s services hereunder. Consultant further covenants and represents that in the performance of i ts duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant . City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant ’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, s tate and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession . Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred

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by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub -consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub- consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of thi s Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

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ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the requi red occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) cover ing comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non- owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant ’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant ’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached t hereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without li mitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limita tion to the benefits conferred upon them other than policy limits to coverages.

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ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers .

Any insurance maintained by the City, including any self -insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City . At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein .

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement . Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below . Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530

If to Consultant: Engineering Resources of Southern California Inc Attn: Matt Burdin
1861 W. Redlands Blvd
Redlands, CA 92373

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18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B . Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to Cit y for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys ’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, includi ng court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally . If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable fede ral and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any fai lure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amend ment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement ; Incorporation; Conflict . This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the des cription of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this A greement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

[Signatures on next page]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

Jason Simpson, City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

Assistant City Manager

“CONSULTANT”
Engineering Resources of Southern
California Inc. a corporation

By: Matt Brudin, P.E.

Its: Principal

Attachment 1 – ERSC Agreement
Attachment 2 – ERSC Proposal

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ATTACHMENT 1
CONSULTANT’S AGREEMENT
[ATTACHED]

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ATTACHMENT 2
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS

[ATTACHED]

Page | 1

REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com

16007012P

June 19, 2024

Mr. Gus Papagolos, Project Manager
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530

CITY OF LAKE ELSINORE – NEW LIBRARY

Dear Gus:

Engineering Resources of Southern California, Inc. (ERSC), is pleased to provide this proposal for conceptual design and preparation of contract and supporting documents for a new public library. ERSC understands that the City of Lake Elsinore intends to construct a new public library and parking coupled with botanical garden at the intersection of Main Street and Sumner Avenue. The library and botanical garden will be located south of Sumner Avenue between Main Street and Spring Street and the parking facilities will be located on the southwest corner of Spring Street and Sumner Avenue.

Existing surface features observed are limited and include paved streets on Spring Street, Sumner Avenue and Main Street. These public improvements include curb, gutter and sidewalk on the west side of Main Street, the south side of Sumner Avenue and the east and west sides of Spring Street.

Otherwise, the location is dominated by native grasses and vacant ground. The specific location of the proposed facilities and improvements are described below.

• The library is located on the southwest corner of Main Street and Sumner Avenue. • The Botanical Garden is located on the southeast corner of Spring Street and Sumner Avenue. • The parking facilities are located on the southwest corner of Spring Street and Sumner Avenue.

In general, ERSC’ s Scope of Work will include preparation of conceptual designs and construction documents ( plans and specifications ), utility plans, erosion control plan, engineer’s cost estimate, hydrology report, stormwater pollution prevention plan, and a water quality management plan (WQMP, per Santa Ana Regional Water Quality Control Board Order No. R8 -2010-0033). Unless otherwise indicated by the City, we have assumed the City will provide topography for areas included in the project.

Based on public documents and a site visit, ERSC believes the project is constructable as envisioned by the City. However, there are certain issues th at will affect how ERSC approaches the conceptual (30%) and final design of the proposed f acility. These include grading , layout of parking facilities and water quality documentation. There issues are discussed in detail below.

GRADING – The site is characterized by generally flat terrain except along the e asterly edge of the evacuation channel. Based on our conversation, it is our understanding that the City intends to raise the

Page | 2

library site and the location of the botanical garden should be graded to sheet flow to the west. Further, the parking facilities located west of Spring Street will be graded to flow southerly so drainage can enter the evacuation channel via existing surface facilities. Raising the site will require import. Import for this project will be provided from the City Hall project and potentially the parking project at City Park.

PARKING FACILITIES – The project is subject to the parking requirement outlined in the City of Lake Elsinore Municipal Code Section 17.148. There is no specific requirement identified for libraries.

Therefore, the required number of parking stalls is unknown at this time. Parking ratios or area requirements will be investigated during the 30% Design Phase.

WATER QUALITY DOCUMENTS – The project is subject to the requirements of various water quality permits issued by the Santa Ana Regional Water Quality Control Board for construction activities and post-construction site management. These requirements include preparation of a Stormwater Pollution Prevention Plan (SWPPP) for construction activities and a Project Specific Water Quality Management Plan for post construction site management.

The required WQMP must meet the treat and release standards included in the Guidance Document due to the project location in the watershed tributary to Lake Elsinore which limits treatment options to bio-retention. As discussed, the site will likely require two sep arate bio-retention facilities. One located on the east side of Spring Street to serve the library and botanical garden, and another located between Springs Street and the evacuation channel to serve the parking area. In addition, there is also the potential for one, or both, of these facilities to require a small pump station. The need for pumping facilities will not be known until we get into the final design.

SCOPE OF WORK
ERSC expects the following to be necessary to achieve the desired result:

Existing Utilities and Boundary Research
o Acquire available public land records.
o Acquire available utility records.
o Commission preparation of a Preliminary Title Report.

Base Sheet
o Review survey data prepared by DJI.
o Develop project base sheet.
 Existing Utilities
 Other Existing Improvements
30% Design Submittal Deliverables:
o Conceptual Grading Plans
 Layout site geometrics.
 Layout drainage concept.
 Layout BMP location.
 Layout ingress/egress.
 Staff and Accessible Parking
 Begin layout of other site features.

Page | 3

o Conceptual parking lot layout.
 Layout parking stalls.
 Layout site geometrics.
 Layout drainage concept.
 Layout BMP location.
 Layout landscaped areas concept.
 Layout ingress/egress .
 Begin layout of other site features.
o Demolition Plan.
o Utility coordination.
60% Design Submittal Deliverables:
o 60% drawings (plans and specifications).
 Advance plans preliminary level detail.
 Preliminary grading design.
 Retaining wall design.
 Incorporate any comments.
o Utility Plan
 Potholing
 Coordination with Elsinore Valley Water District.
o Fire Protection Plan.
 Fire Flow Test
o Erosion Control Plan.
o Preliminary Hydrology Report.
o Preliminary WQMP.
 Pump station design.
o Preliminary Storm Water Pollution Prevention Plan
o Preliminary Engineer’s Estimate
90% Design Deliverables:
o 90% drawings (plans and specifications).
 Incorporate any modifications/comments.
o Engineer’s Estimate.
 Incorporate any modifications/comments.
o Hydrology Report.
 Incorporate any modifications/comments.
o Storm Water Pollution Prevention Plan
 Incorporate any modifications/comments.
o WQMP.
 Incorporate any modifications/comments.
100% Submittal Deliverables:
o 100% Drawings: Plans, Specifications and Estimates.
 Incorporate any comments.
o Final Hydrology Report
 Incorporate any comments.
o Final WQMP
 Incorporate any comments.

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Project Management and Meetings
o Coordinate design with City and outside agencies.
o Attend meetings as required.
 Prepare meeting agenda and minutes.
o Establish and manage project control.

SCHEDULE
ERSC will provide a Project Schedule upon receipt of a notice-to-proceed.

FEE ESTIMATE
The fees and charges associated with the completion of the proposed, Scope of Services are as follows:

Existing Utilities .......................................................................... $ 2,500 Base Sheet ................................................................................... $ 3,760 30% Submittal (Conceptual) ....................................................... $ 25,110 60% Submittal ............................................................................. $ 32,840 90% Submittal ............................................................................. $ 28,350 100% Submittal ........................................................................... $ 7,350 Project Management and Meetings ........................................... $ 4,850 Reimbursable Expenses ........................................................ $ 12.625 Total .................................................................................... $ 127,385

Please note, reimbursable expenses include fees for the following items:

Potholes (Limited to 5): $10,000
Preliminary Title Reports (2 parcels): $,1500
Fire Flow Test (EVMWD): $125
Misc Expenses: $1,000

Exclusions to this proposal include environmental documents, special studies, geotechnical engineering, traffic engineering, street plans, supplemental cross sections, traffic control plans, horizontal control plans, site and street light plans, water and sewer plans (except services and laterals), landscape architecture, architecture, coordination of dry utilities, coordination with regulatory agencies (i.e.

CDFW, USACOE), regulatory permits, agency submittal fees, r/w dedication documents, permits and permit fees and post design services

If you have any questions regarding this proposal, please give me a call at (9 09) 890-1255, x103 or email me at [email protected].

Respectfully yours,

Matt Brudin
Electronically signed 06.19.2024.

Matt Brudin, P.E.

Principal

Page | 5

MB/mb
8)
Independent Contractor Agreement for Instruction with National Junior Basketball League
Approve and authorize the City Manager to execute an agreement/contract with National Junior Basketball League in an amount not to exceed $60,000 for basketball league, practices, games, and instruction in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $6,000 for uncertainties and adjustments.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Johnathan Oliver Skinner, Director Of Community Services Date:July 9, 2024
Subject:Independent Contractor Agreement for Instruction with National Junior Basketball League
Recommendation
Approve and authorize the City Manager to execute an agreement/contract with National Junior Basketball League in an amount not to exceed $60,000 for basketball league, practices, games, and instruction in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $6,000 for uncertainties and adjustments.

Background
The City of Lake Elsinore contracts with private instructors to perform recreational instruction at City-owned facilities such as the Lake Community Center, Dream Extreme Neighborhood Center, and Lake Elsinore Senior Center. The City of Lake Elsinore collects all registration fees for the classes through Rec1, a software program. Upon the City’s receipt of the invoice, the City then pays each of the contract instructors 75 percent of the participation Registration Fees collected.

The City retains 25 percent of the fees for facility maintenance and staffing costs.

Discussion
National Junior Basketball (NJB) is an existing business providing basketball instruction, practice, and games at the Lake Community Center and our joint-use Terra Cotta Middle School Gymnasium. In NJB’s inaugural season with the City, they registered over 100 participants. With their success, ability to offer multiple seasons, addition of camps and workshops, and capacity to accommodate more than 200 participants per season, we anticipate that NJB will grow in popularity. Thus, we anticipate the instructor portion of registration fees will exceed the City Manager’s authority threshold. The Independent Contractor Agreement is attached as Attachment 1 and provides authorization for payment of the instructor share of registration fees up to $60,000.

National Junior Basketball League Contract

Page 2 of 2 ends

1 3
0 9
Fiscal Impact
Since the City collects the Registration Fees, pays the instructor their 75 percent dues, and retains 25 percent to cover staffing and maintenance, the expenses are countered with the appropriate revenue stream and therefore, no fiscal impact is anticipated.

Attachments
Attachment 1 - Agreement
Community Services

CITY OF LAKE ELSINORE

INDEPENDENT CONTRACTOR AGREEMENT

FOR INSTRUCTION
THIS INDEPENDENT CONTRACTOR AGREEMENT FOR INSTRUCTORS (“Agreement”) is made and entered into on July 1, 2024 by and between the CITY OF LAKE ELSINORE, hereinafter the “CITY,” and National Junior Basketball League, hereinafter the “CONTRACTOR.”

1.Purpose. The CITY hereby engages CONTRACTOR for purposes of providing instruction in skillful and competent manner, and shall abide by all laws in doing so. CONTRACTOR shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by CITY and shall maintain instruction area in a clean, safe and orderly manner.

2.Contractor's Status. CONTRACTOR is an independent contractor and is solely responsible for his or her own actions or omissions. CONTRACTOR is not City’s employee for any purpose. Any additional personnel performing the services under this Agreement on behalf of CONTRACTOR shall also not be employees of the CITY and shall at all times be under Contractor’s direction and control. CONTRACTOR shall pay all wages, salaries and other amounts due such personnel in connection with their performance of this Agreement and as required by law.

3.Term. The term of this Agreement shall begin July 1, 2024 and end June 30, 2025.

4.Collection of Fees/Class Size. CONTRACTOR shall establish the per student registration fee of each class. Registration fees shall be collected by the CITY through set registration procedures implemented by designated CITY staff. The CONTRACTOR is not authorized to collect registration fees. Following the collection of registration fees, the CITY shall confirm the number of participants enrolled. The CONTRACTOR will be compensated only for participants who have paid. Size of each class may vary.

Class minimum and maximum size shall be established by CONTRACTOR subject to the City’s consent based on the capacity of the facility where the class will be conducted.

5.Compensation. In consideration of the performance of the instruction and/or services provided herein, the CONTRACTOR shall receive seventy-five percent (75%) of the participation registration fees collected for instruction and/or services identified in Section 1 above, exclusive of any facility entrance, pool use, field/court night lights, insurance fees and/or publicity fees were charged. Compensation to be paid to the Contractor shall not exceed $60,000 without prior additional written authorization from the City. It is also understood that all taxes and/or other withholdings are the CONTRACTOR’S responsibility.

6.Payment. The compensation provided in Section 5 shall be paid upon satisfactory completion of instruction and/or services and receipt of an invoice within 45 days by CONTRACTOR submitted to the Community Services Department in the format specified by the Department, net 45 days.

7.Business License, Insurance, and LiveScan. CONTRACTOR and any subcontractor agrees to obtain and follow all business license requirements as required by the Lake Elsinore Municipal Code, Chapter

5.08. All business license requirements must be met prior to contract approval. CONTRACTOR and any subcontractor agrees to obtain all insurance required and present valid insurance certificates in accordance with the attached Terms and Conditions. CONTRACTOR, its employees, agents, consultants, contractors and volunteers agrees to perform and provide proof of LiveScan.

8.Terms and Conditions. This Agreement includes the terms and conditions as printed and set forth on the following page, which terms and conditions are incorporated herein by reference; and the CONTRACTOR, by executing this Agreement, agrees to comply with such terms and conditions.

CITY OF LAKE ELSINORE
By: ________________________________
Shannon Buckley, Risk Manager
By: ________________________________
Jason Simpson, City Manager
ATTEST:
___________________________________
Candice Alvarez, MMC, City Clerk

CONTRACTOR
By:

Print Name: Dennis Murphy
Title: Owner
Business Name: National Junior Basketball League
Business License Number: 027862
Class(es): Youth Basketball for Girls & Boys
Address: 23963 Augusta Dr.

City/State/Zip: Temescal Valley, CA 92883
Email Address: [email protected]
Phone Number: 714-397-0678

TERMS AND CONDITIONS

1. EQUIPMENT AND LABOR: The Contractor shall
furnish all tools, equipment, apparatus, supplies and
materials unless otherwise mutually agreed by City.

Contractor assumes all risk of loss, damage or harm
to such equipment or materials arising in connection
with this Agreement. The Contractor shall perform the
services under this Agreement in a skillful and
competent manner and shall abide by all laws in doing
so.

2. COMMUNITY HEALTH PROGRAM
PARTICIPATION: The Contractor shall participate in
the City’s community health program by providing at
least one hour of scheduled class services at least
twelve times per year (i.e. once per month or during a
seasonal series) free of charge to the program
participants. The location of the classes shall be at the discretion of the City.

3. SUBCONTRACTORS: In the event a contractor will
not be able to teach class due to illness, etc. the
Contractor will implement the following procedure:
a. Contractor will procure a substitute contractor
equally or better qualified and acceptable to
the City to instruct class at the prescribed time
and place. Subcontractors must meet the
criminal background screening and
fingerprinting requirements according to Cal
Public Resources Code Section 5164.
b. Contractor will notify assigned designated
staff regarding the substitute’s name,
qualifications, address and phone. Payment
for subcontractors shall be responsibility of the
Contractor.
c. If a substitute cannot be procured, the class
will be canceled and a make-up class added
to the end of the session. The contractor will
be responsible for notifying the students of the
cancellation.
d. Contractor is responsible for ensuring
subcontractors must meet all of the criteria
stipulated in these Terms and Conditions,
including but not limited to, maintaining a valid
City of Lake Elsinore Business License,
providing valid certificates of insurance in
accordance with City policies, and providing
proof of LiveScan.

4. SUPERVISION: Contractor agrees to establish
appropriate rules for conducting the class and to
assume responsibility for student discipline to ensure
adequate protection of students and facility.

5. FACILITY. The City shall be responsible for providing a suitable facility for the conduct of the class, unless otherwise noted under "Special Arrangements".

Contractor shall pay City for any and all costs
associated with using the facility. Contractor agrees to assume full responsibility for setting up any facility for instruction and for cleaning and/or restoring the facility to its usual condition following each class session.

6. ACCESS TO FACILITY: City representatives shall at
all times have access to facility, whenever class is in progress to monitor programs for quality.

7. CONDUCT: Contractor understands that the City is a
public entity under the laws of the State of California, and that the City’s purpose in engaging Contractor is
to provide its residents with recreational activities in a manner that will foster a sense of community, security, fun and fair play. Contractor agrees to conduct
himself/herself in a manner that will further these
goals. Contractor further acknowledges that failure
to do so will result in immediate termination of this
Agreement.

8. COORDINATION OF WORK: The Contractor
agrees to coordinate with the City specified time(s)
and date(s) in order to avoid conflict of use. It is
agreed that the resolution of any conflict is at the
sole discretion of the City Manager or his/her
designee. Contractor agrees to work with assigned
City staff to maintain accurate enrollment records.

9. RULES: Contractor agrees to obey all rules and
regulations of the City of Lake Elsinore and any
directives and memoranda issued by the
Department’s Director.

10. LIVESCAN: Contractor, its employees, agents,
consultants, contractors and volunteers must
comply with fingerprinting requirements, Public
Resources Code, Section 5164, by presenting proof
of LiveScan to the City, prior to commencing work
with minors.

11. HOLD HARMLESS AND INDEMNIFICATION. The
Contractor shall defend, indemnify, and hold
harmless the City, its officials, officers, agents,
employees and volunteers free and harmless from
any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury, in
law or equity to property or persons, including
wrongful death, in any manner arising out of our
incident to any alleged acts, omissions or willful
misconduct of Contractor, its employees, agents,
consultants, contractors and volunteers arising out
of or in connection with the performance of the
services in this Agreement, including without
limitation the payment of all consequential damages
and attorneys' fees and other related costs and
expenses. Contractor shall pay and satisfy any
judgment, award or decree that maybe rendered
against City or its officials, officers, employees,
agents, or volunteers, in any such suit, action or
other legal proceeding. Contractor shall reimburse
City and its officials, officers, employees, agents,
and/or volunteers for any and all legal expenses and
costs incurred by each of them in connection
therewith or in enforcing the indemnity herein
provided. Contractor’s obligation to indemnify shall
not be restricted to insurance proceeds, if any,
received by the City, its officials, officers,
employees, agents or volunteers. Such
indemnification shall cover death or bodily injury to
any person; injury to, loss, or theft of property, injury arising from the furnishing or use of any copyrighted
or uncopyrighted composition, secret process, or
patented or unpatented invention, or any other type
of injury, whether such injury or damage occurs on
or off City property.

12. INSURANCE: Contractor, its employees, agents,
consultants, contractors and volunteers understand
that certain types of activities create additional
exposure of risk to City. Unless otherwise waived or
modified by the City’s Risk Manager, Contractor and
any agents, consultants, or subcontractors shall
similarly maintain the following insurance
requirements and present the applicable valid
certificates to the City of Lake Elsinore. Commercial
General Liability/Umbrella Insurance total limits
shall be no less than $1,000,000 per accident and
$2,000,000 general aggregate. Contractor shall
maintain automobile liability insurance covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection with
the work to be performed under this Agreement,

TERMS AND CONDITIONS
including coverage for owned, hired and non-owned
vehicles, in an amount of not less than $300,000
combined single limit for each occurrence. Contractor
shall maintain Workers’ Compensation Insurance and
Employer’s Liability Insurance for his/her employees
in an amount not less than $1,000,000 in accordance
with the laws of the State of California. Any notice of cancellation or non-renewal of all Workers’
Compensation policies must be received by the City
at least thirty (30) days prior to such change. The
insurer shall agree to waive all rights of subrogation
against City, its officers, agents, employees and
volunteers for losses arising from work performed by
Contractor for City. City and its employees and agents
shall be added as additional insureds using ISO
additional insured endorsement form CG 20 10 or CG
20 26 (in no event will City accept an endorsement
form with an edition date later than 1990). Coverage
shall apply on a primary non-contributing basis in
relation to any other insurance or self-insurance,
primary or excess, available to City or any employee
or agent of City. Coverage shall not be limited to the
vicarious liability or supervisory role of any additional insured. Contractors and subcontractors must
maintain this insurance requirement and have the City
listed as additionally insured in accordance with the
above statements.

13. CONTRACTOR NOT OFFICER, EMPLOYEE OR
AGENT OF CITY. While engaged in carrying out the
terms and conditions of the Agreement, the Contractor
is an independent contractor and not an officer,
employee or agent of the City. The Contractor has no
authority, express or implied, to act on behalf of the
City as an agent or representative of the City under
this Agreement to bind the City to any obligation. The
Contractor is not eligible for benefits from Social
Security, State Unemployment Insurance, Disability
Insurance or Workman’s Compensation Insurance. In
the event of injury, the Contractor is responsible for
his/her own medical expenses.

14. PUBLICITY: Contractor shall not advertise, print or publish any promotional materials in connection with
the instruction or service to be conducted under this
Agreement without the prior written approval of the
Director of Community Services or his/her authorized
representative.

15. ASSUMPTION OF RISK. Contractor works at his/her
own risk. Contractor shall ensure each participant
signs the City's "Waiver & Release Agreement" prior
to participation.

16. COLLECTION OF FEES: The Contractor agrees not
to accept any registration fees from students. All
registration fees shall be paid directly to the City and the Contractor shall be paid at the conclusion of the
course by the City. The Contractor may collect
additional fees for materials and supply costs. The
Contractor shall appropriately inform the participants
of the additional material fees prior to registration.

Participants may be required to bring certain supplies
and materials to class.

17. PAYMENT OF FEES: City agrees to pay Contractor
according to compensation provision provided on first
page of this Agreement. Contractor is responsible for
payment to any subcontractors.

18. AMERICANS WITH DISABILITIES ACT. Contractor
agrees that he/she shall make every attempt to
accommodate people with physical and/or mental
disabilities.

19. GENERAL COMPLIANCE WITH LAWS. Contractor
shall comply with all federal, state, and local laws,
statutes, rules and regulations in any manner
affecting the performance of this Agreement. By law,
Contractor, Contractor’s employees and any agreed
upon substitute personnel or subcontractor must
comply with the requirements of Cal Pub Resources
Code Section 5164 before engaging in the services
under this Agreement. Contractor, Contractor’s
employees and any agreed upon substitute
personnel or subcontractor hereby agree to a
criminal background check as required under Cal
Pub Resources Code Section 5164 by the City’s
Police Department if Contractor or any of Contractor
's employees or agreed upon substitute personnel
or subcontractor shall work with persons of eighteen
(18) years of age or under. Contractor, Contractor's
employees or any agreed upon substitute personnel
or subcontractor must be cleared by City prior to
working with persons of eighteen years of age of
under. If the background check for Contractor,
Contractor's employees or agreed upon substitute
personnel or subcontractor reveals illegal or
objectionable information or activities, the person to
whom the background check applies shall be
prohibited from providing the services hereunder
and, in City's sole and absolute discretion, this
Agreement may be terminated, in which case
Contractor will be entitled to no further
compensation under this Agreement. Contractor,
Contractor’s employees, and any agreed upon
substitute personnel or subcontractor shall not be
permitted to provide services hereunder for classes
with attendees who are eighteen years of age or
under unless a criminal background check has been
performed and clearance has been received from
the Department of Justice.

20. MODIFICATION. No waiver, modification or
termination of this Agreement is valid unless made
in writing.

21. NONASSIGNMENT. Contractor shall not have any
right to assign and/or transfer his/her rights and/or
obligations under this Agreement without the prior
written consent of the City.

22. DEFAULT BY CONTRACTOR: Failure to comply
with any of the terms and/or conditions of this
agreement shall constitute default by the Contractor.

23. TERMINATION: The agreement may be terminated
by the City upon 30 days’ notice given in writing.

Both parties will perform in accordance with the
agreement prior to the effective termination date.

Nothing contained herein shall diminish the right of
the City to cancel, immediately and without prior
notice, the agreement for cause without penalty or
liability on the part of the City.

24. ENTIRE AGREEMENT: This contract constitutes
the entire Agreement between the parties
concerning the subject manner hereof and
supersedes all agreements, representations,
statements, promises and understandings, whether
oral or written, with respect to the subject manner
hereof.

25. SPECIAL ARRANGEMENTS:
____________________________________________
____________________________________________
9)
Independent Contractor Agreement for Instruction with Lorena Hancock Approve and authorize the City Manager to execute an agreement with Lorena Hancock in an amount not to exceed $50,000 for recreation classes in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $5,000 for uncertainties and adjustments.

Page 1 of 2 ends

REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Johnathan Oliver Skinner, Director Of Community Services Date:July 9, 2024
Subject:Independent Contractor Agreement for Instruction with Lorena Hancock Recommendation
Approve and authorize the City Manager to execute an agreement with Lorena Hancock in an amount not to exceed $50,000 for recreation classes in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $5,000 for uncertainties and adjustments.

The City retains 25 percent of the fees for facility maintenance and staffing costs.

Discussion
Ms. Hancock is an existing business providing pre-school and ballet folklorico dance instruction at the Lake Community Center and Dream Extreme Neighborhood Center. Due to Ms. Hancock’s class popularity, she has consistently exceeded the City Manager’s signing authority threshold of $30,000, including this last fiscal year. We anticipate that she will continue to maintain and potentially grow in popularity. Thus, we anticipate this instructor to exceed the City Manager’s signing authority threshold this year as well. As you may find attached as Attachment 1, Lorena Hancock’s Independent Contractor Agreement is not to exceed $50,000.

Lorena Hancock Agreement for Instruction

Page 2 of 2 ends

Fiscal Impact
Since the City collects the Registration Fees, pays the instructor their 75 percent dues, and retains 25 percent to cover staffing and maintenance, the expenses are countered with the appropriate revenue stream and therefore, no fiscal impact is anticipated.

Attachments
Attachment 1 - Agreement
Community Services

CITY OF LAKE ELSINORE

INDEPENDENT CONTRACTOR AGREEMENT

3.Term. The term of this Agreement shall begin July 1, 2024 and end June 30, 2025.

Class minimum and maximum size shall be established by CONTRACTOR subject to the City’s consent based on the capacity of the facility where the class will be conducted.

5.Compensation. In consideration of the performance of the instruction and/or services provided herein, the CONTRACTOR shall receive seventy-five percent (75%) of the participation registration fees collected for instruction and/or services identified in Section 1 above, exclusive of any facility entrance, pool use, field/court night lights, insurance fees and/or publicity fees were charged. Compensation to be paid to the Contractor shall not exceed $50,000 without prior additional written authorization from the City. It is also understood that all taxes and/or other withholdings are the CONTRACTOR’S responsibility.

7.Business License, Insurance, and LiveScan. CONTRACTOR and any subcontractor agrees to obtain and follow all business license requirements as required by the Lake Elsinore Municipal Code, Chapter

CONTRACTOR
By:

Print Name: Lorena Hancock
Title: Owner
Business Name: Lorena Hancock
Business License Number: 017343
Class(es): Ballet Folklorico & The Learning Center
Address: 27280 Hammack Ave
City/State/Zip: Perris, CA 92570
Email Address: [email protected]
Phone Number: 951-375-6910